Universal Jobmatch - is consent for Job Centre to access account now mandatory?

[Citizen_x]

Hello. I'm a Post Work Program JS claimant (I finished the Work Program around two months ago). At my last signing an advisor told me that ticking the consent boxes allowing the JC access to my Universal Jobmatch account and to receive emails from DWP is now mandatory.

 

My understanding is that this is not the case, and that I cannot be forced to give consent to access, due to data protection laws. Has this rule changed recently, or was the advisor lying to me?

 

The information I can find online on the consent issue mostly dates from 2013.

 

Does anyone have any up-to-date knowledge/experience of this? Is consent now mandatory for people who have finished the Work Program?

[jasta11]

Hi and welcome to the Forum - have a read through the various threads and I'm sure you'll find them very useful.

 

I actually looked through a lot of the DWP guidance only a couple of days ago as some of it has been updated as of April. The part about the DWP not being able to force customers to give access is still valid - for the present anyway! Advisers still try and tell customers that it's mandatory to give access because of pressure from their managers to use their 'wonderful' UJ.

 

I'm on the PWP too and have a little line on my own-produced jobsearch sheet that says 'Any attempt to coerce access to my UJ account will result in the immediate reporting of the adviser to their District Manager and PCS Union'.

 

Seems to work rather well, as they never mention it

[essexmat]

" 'Any attempt to coerce access to my UJ account will result in the immediate reporting of the adviser to their District Manager and PCS Union'."

 

I am going to use that on my job search activity sheet if you don't mind mate

[biggeorge]

No it most definitely isn't mandatory, I just had the same problem, Forced to sign up and create a profile and upload a CV.

If you have been given a job seekers direction to sign up to UJM then you must do it or face a sanction.

 

I would personally make a complaint when attending the JCP next time to the manager against your adviser regarding the

false information he /she gave you about consent been mandatory.

 

George

[essexmat]

1 year 3 months out of work and under JCP and INGEUS, used UJM for 3 weeks when first signed on, never used it since - never had a problem, probably because I told them it was a useless tool with no real jobs on them and most are fakes - seemed to work

[Citizen_x]

Thanks for the replies and advice, Jasta and everyone else. It's much appreciated and very helpful.

 

I will stand my ground on this issue if confronted about it again at the JC, and will report advisors if necessary. I really resent that they are making me feel like a criminal simply for standing up for my legal rights.

[essexmat]

They thrive on picking on the weak and once you let them take control you are done for - stand your ground and if needs must refer to guidance which they have to adhere to.

[Mr.P]

At my last signing an advisor told me that ticking the consent boxes allowing the JC access to my Universal Jobmatch account and to receive emails from DWP is now mandatory.

 

Ask (insist) that the adviser provides a copy of the Universal Job Match Toolkit manual and/or the Decision Maker's Handbook and point out which paragraph supports his/her claim.

 

There is rumour that DWP access will become mandatory, but that is all it is at present.... If mandatory access was required, why have the tick boxes there in the first place...

[jasta11]

Citizen_X, here's Chapter 3 of the Universal Jobmatch Toolkit. Quite a long waffle but worth reading - especially Section 45 which clearly states they cannot issue a Jobseekers Direction to make you give access to your UJ.

 

Print that bit out and thrust it under your advisers nose. If they argue it - report them for failing to follow guidance. Also quote the memo issued last year by PCS Union to all staff specifically telling them they must not try to force access to UJ accounts.

 

And..here's a copy of a Freedom Of Information request where DWP Central Office confirms that they can't make you give access NOR provide screen prints. (the relevant bit is towards the bottom of the 2nd page)

 

Essexmat - feel free to add that line to your jobsearch sheet. If they don't know the rules - or choose to ignore them - then we'll remind them

[Citizen_x]

Great, thanks for the links Jasta - extremely useful and just the info I was looking for.

[jasta11]

Forgot to add the link to 'WhatDoTheyKnow' site, which is where I got the FOI reply from. A great site and full of answers to many questions - even if sometimes the DWP dodge answering them!

https://www.whatdotheyknow.com/

 

Click on the 'Department Of Work And Pensions' link and you'll see all the requests people have made, some have been answered and some are still waiting for replies. Well worth checking regularly to see how they're doing - I have my eye on a few awaiting answers. Good to show these responses to the JC clerks as they're not going to argue with DWP Central

[Citizen_x]

Thanks again for the advice, it worked fine! My advisor was puffing herself up, about to threaten me with a sanction, when I showed her the relevant section of Chapter 3 of the Universal Jobmatch handbook with the section about consent not being mandatory highlighted, and asked her to read it back to me. She turned pale (quite a feat considering she's African), and then called her Manager over. The Manager looked at me, shrugged her shoulders, smiled and said "He's right".

 

End of discussion, and I walked out doing a victory fist-pump

 

By the way, the Manager also said that consent may become mandatory from October, due to the goverment "having found a way around the Data Protection Act" -_-

[Mr.P]

By the way, the Manager also said that consent may become mandatory from October, due to the goverment "having found a way around the Data Protection Act" -_-

 

Well...... In theory, the DWP already have rights of access to any data within the UJM site - As the owners of the site, they can do pretty much what every they like with the data. This includes passing personal information on to third parties (forwarding your CV to a potential employer/sca mmer), gathering usage data to justify funding and/or changes, and of course, recording search activity of claimants. There isn't anything within the Data Protection Act that prevents them from doing any or all of the above.

 

At present, all we have is internal guidance issued from DWP central office, so until someone twigs, use it to your advantage.

[jasta11]

Thanks again for the advice, it worked fine! My advisor was puffing herself up, about to threaten me with a sanction, when I showed her the relevant section of Chapter 3 of the Universal Jobmatch handbook with the section about consent not being mandatory highlighted, and asked her to read it back to me. She turned pale (quite a feat considering she's African), and then called her Manager over. The Manager looked at me, shrugged her shoulders, smiled and said "He's right".

 

End of discussion, and I walked out doing a victory fist-pump

 

By the way, the Manager also said that consent may become mandatory from October, due to the goverment "having found a way around the Data Protection Act" -_-

 

Good for you! Not only is it a victory for you and shows the JC are not as all-powerful as they'd have us believe, it should also serve to warn her to tread very carefully with you in future.

 

While her manager was there, I'd have asked 'So what do you intend to do about this member of staff lying to a customer about the guidance?'. Might have caused a bit more squirming.

 

I still find it incredible that we, the customers, know the guidance and the JC staff don't (or say they don't). Never mind; if they won't keep themselves on track we'll do it for them